Cinnamon Posted May 8, 2011 Share Posted May 8, 2011 Has anyone here ever fenced off a piece of land & claimed it as their own after a number of years? We have a long garden with an area at the bottom which is owned by the local country estate,although it has always been part of the garden of our cottage - same with next doors. We went to the solicitors last year & its now ours to some degree Anyhow,one of our borders is a stream & it has a wide very wildly overgrown verge next to it,which we have dithered about fencing off & using as part of our garden for many years. Hubby is now in the process of doing this & has thinned out the brambles & trees over there today - already so much more light in our garden I just wondered if anyone else has ever done similar & how long you need to wait before 'claiming' the unused area? Quote Link to comment Share on other sites More sharing options...
teacake Posted May 8, 2011 Share Posted May 8, 2011 7 years springs to mind. don't quote me in court though..... Quote Link to comment Share on other sites More sharing options...
rachelk Posted May 9, 2011 Share Posted May 9, 2011 We gained half our garden this way. I live in a row of cottages, that over the years the owners bought and sold various pieces to each other. When we bought our house, noone seemed to own half of our garden. As the previous owners and then us had used it as our own, we were eventually granted possession of it. It was a very long process, and if I remember correctly, it took 5 years for us to get the deeds, after a lot of wrangling with the Land Registry. I can't remember how long you had to use it for before it becomes yours though - sorry! Quote Link to comment Share on other sites More sharing options...
Bramble Posted May 9, 2011 Share Posted May 9, 2011 You need to have used the land as your own for 12 years to make a claim for adverse possession, that means you need to have fenced it off WITHOUT the permission of the landowner, so it would be useful to document what you are doing and maybe get dated photos? Good luck Quote Link to comment Share on other sites More sharing options...
Cinnamon Posted May 9, 2011 Author Share Posted May 9, 2011 Photos are a great idea - I shall do that today Quote Link to comment Share on other sites More sharing options...
Margalot Posted May 9, 2011 Share Posted May 9, 2011 Our solicitor told us that photos of our children stood on the land are one of the best pieces of evidence, as you can see their age (roughly)! Quote Link to comment Share on other sites More sharing options...
chickenNutter Posted May 11, 2011 Share Posted May 11, 2011 Just be careful with the fencing off issue. The local authority or Environment Agency (whoever has responsibility - if it is v small it will be the local authority) sometimes insist on 5 metre easements for maintenance under land drainage bylaws, and could prevent you putting up a fence, or insist you take it down if they need to do some maintenance on the watercourse. Mind you from your description it doesn't soundlike it gets any maintenance in which case it is the landowner's responsibility to maintain it. Quote Link to comment Share on other sites More sharing options...
Cinnamon Posted May 11, 2011 Author Share Posted May 11, 2011 Thats interesting,thanks. In the 20 odd years we have been here,the stream has never been maintained at all Wish it had been,in fact. We have big plans for it & hope to make it part of our garden & a nice feature Quote Link to comment Share on other sites More sharing options...
beach chick Posted May 11, 2011 Share Posted May 11, 2011 good luck - my parents did this, donkeys years ago, and it was definitely 12 years that was required. sounds lovely, with the stream and everything. Quote Link to comment Share on other sites More sharing options...
Egluntyne Posted May 11, 2011 Share Posted May 11, 2011 When I was a child a chap who lived at the bottom of our garden tried to do this to us. My dad sold him the plot he wanted ... after some negotiation ... for the princely sum of two and sixpence (it was a relief to be rid of it as it was usually waterlogged) ... the buyer paying all the legal fees. Quote Link to comment Share on other sites More sharing options...
Ain't Nobody Here Posted May 11, 2011 Share Posted May 11, 2011 This is very interesting as we have a similar situation . Our veg patch is a strip of land over our small garden wall which backs onto a field owned by the local water board. The water board is moving soon and they'll be selling the land for housing development . We are almost the only householders not to have actually knocked down the boundary wall and "moved into" the land although we have used it for over 20 years. We're all hoping we'll be allowed to keep the land by whoever buys the fields for development . Quote Link to comment Share on other sites More sharing options...
The Dogmother Posted May 12, 2011 Share Posted May 12, 2011 ANH, I'd get wall building asap! Quote Link to comment Share on other sites More sharing options...
Bramble Posted May 12, 2011 Share Posted May 12, 2011 ANH, I'd get wall building asap! Me too!!!! Quote Link to comment Share on other sites More sharing options...
The Dogmother Posted May 12, 2011 Share Posted May 12, 2011 Whoever buys the land should refer to the original deeds and (if they have their head screwed on) will check the measurements, but if you've used it for more than 12 years (as discussed) then you seem to be within your rights to annex it. Quote Link to comment Share on other sites More sharing options...
Bramble Posted May 12, 2011 Share Posted May 12, 2011 Whoever buys the land should refer to the original deeds and (if they have their head screwed on) will check the measurements, but if you've used it for more than 12 years (as discussed) then you seem to be within your rights to annex it. Law might be different in Scotland (no idea though) and it might be awkward if the land wasn't fenced off 'cos the actual owner wouldn't be excluded from using it - it'd be worth a go though .... Quote Link to comment Share on other sites More sharing options...
Ain't Nobody Here Posted May 12, 2011 Share Posted May 12, 2011 Sorry to hijack your thread, Sarah . The land does have a fence, albeit a pretty rubbish one - it's just a few posts with wires strung between them. Does that count ? Quote Link to comment Share on other sites More sharing options...
Bramble Posted May 12, 2011 Share Posted May 12, 2011 Yes, I'd say it does count! Quote Link to comment Share on other sites More sharing options...
Cinnamon Posted May 12, 2011 Author Share Posted May 12, 2011 Not at all - its very interesting & pertinent that you are doing similar Quote Link to comment Share on other sites More sharing options...
Olly Posted May 12, 2011 Share Posted May 12, 2011 Any sort of fence will do, as long as it shows that you've prevented the landowner from using it and they haven't objected. The main thing is proving how long it's been in place. However, as mentioned above, the 12-year rule is for England & Wales - it could be different in Scotland. Quote Link to comment Share on other sites More sharing options...
Cinnamon Posted August 4, 2011 Author Share Posted August 4, 2011 Quick update. After fencing it off,clearing the land (it was very overgrown & interfering with power lines & so forth) & my husband working VERY hard on it for several weeks,we have had a letter from the local estate saying that it is part of their land & we have to move the fence within 6 weeks. Odd thing is that when a branch from a tree was threatening to fll off from that land & squash our greenhouse,they denied all knowledge of owning it......same when we had no power for 2 days due to a tree on the land knocking the power lines out Hubby is going to be most unamused when he gets home Quote Link to comment Share on other sites More sharing options...
bluekarin Posted August 4, 2011 Share Posted August 4, 2011 Oh how frustrating! Sounds almost as if they were waiting for you to 'claim it' and clear it, and then say "Oh, actually it is ours". Now they have a nicely cleared bit of land, done for nothing I might be inclined to ask them why they claimed no owner ship of the land when you were having the problems. They might actually be pulling a fast one. Quote Link to comment Share on other sites More sharing options...
Cinnamon Posted August 4, 2011 Author Share Posted August 4, 2011 We will,don't worry The letter is rather official & has come from their chartered surveyors,but although it clearly shows our garden boundary on the survey,there is still nothing to show that they own the piece of land in question..... To be honest,I was never really for the idea of claiming it & my Husband knows that. I just didn't like the thought of taking something that wasn't mine. But it seems that a local stickybeak has gone & called the estate up & told them about the fence,& they sent the surveyors down to look. It really annoys me that this person (the village is FULL of interfering people) will see that we have had to move the fence,& this is due to them Quote Link to comment Share on other sites More sharing options...
Bramble Posted August 4, 2011 Share Posted August 4, 2011 Sorry to hear that. But I wouldn't rush to move your fence, they might just be "firing a warning shot", they may well not want the hassle and expense of following it up. I'd wait and see if they contact you again? Quote Link to comment Share on other sites More sharing options...
Cinnamon Posted August 4, 2011 Author Share Posted August 4, 2011 Well,I am leaving it up to the husband - its his fence. The estate are pretty pedantic about things like this,but then again the paperwork doesn't show their boundaries & ownership of the patch of land & I would have thought that if they did have proof of ownership,they would have sent it too. We have also found out that the bit of land was used for many years by a previous owner of the cottage,with no problems,although he did not fence it off. I might suggest to the husband that he pops sown to see our solicitor,who sorted out our claim on the bit of land at the bottom of the garden,which the estate also owned (another reason I don't really want to rock the boat with them!) Quote Link to comment Share on other sites More sharing options...
Ain't Nobody Here Posted August 4, 2011 Share Posted August 4, 2011 How annoying . I hope something can be sorted out (in your favour!) Quote Link to comment Share on other sites More sharing options...
